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1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property for RES%Y5 IPN OF NECESSITY
Public Road Purposes, Sandy NO. /
4 Cove Slide Repair, Bay Point Area (C.C.P. Sec. 1245.230)
5 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
6 more of its members, RESOLVES that:
7 Pursuant to Government Code Section 25350.5 and Streets & Highways Code,Section
8 943, Contra Costa County intends to construct a road reconstruction project a public
9 improvement, to stabilize a landslide and repair damage to public road and, in connection
10 therewith, acquire interests in certain real property.
11 The property to be acquired consists of 2 parcels and is generally located in the Bay
12 Point area. The said property is more particularly described in Appendix "A", attached hereto
13 and incorporated herein by this reference.
14 On August 22, 1996, notice of the County's intention to adopt a resolution of necessity
15 for acquisition by eminent domain of the real property described in Appendix "A" was sent to
16 persons whose names appear on the last equalized County Assessment Roll as owners of
17 said property. The notice specified September 10, 1996, at 10:15 a.m. in the Board of
18 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
19 as the time and place for the hearing thereon.
20 The hearing was held at that time and place, and all interested parties were given an
21 opportunity to be heard and based upon the evidence presented to it, this board finds,
22 determines and hereby declares the following:
23 1. The public interest and necessity require the proposed project; and
24 2. The proposed project is planned and located in the manner which will be most
25 compatible with the greatest public good and the least private injury; and
26 3. The property described herein is necessary for the proposed project; and
27 4. The offer required by Section 7267.2 of the Government Code was made to the
28 owner or owners of record.
RESOLUTION NO. 96/516
1 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
2 To acquire in the County's name, by condemnation, the titles, easements and rights of
3 way hereinafter described in and to said real property or interest(s) therein, in accordance with
4 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
5 California:
6 Parcel(s) 1 and 2 is/are to be acquired as permanent easements.
7 Parcel(s) 1T and 2T is/are to be acquired as temporary easement(s).
8 To prepare and prosecute in the County's name such proceedings in the proper court
9 as are necessary for such acquisition;
10 To deposit the probable amount of compensation, based on an appraisal, and to apply
11 to said court for an order permitting the County to take immediate possession and use said
12 real property for said public uses and purposes.
13 PASSED and ADOPTED on September 10, 1996 by the following vote:
14 AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
15 NOES: None
16 ABSENT: None
17 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
18 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
19 Costa County, California, at a meeting of said Board on the date indicated.
20 Date: November 20, 1996
21
22 Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator
23
24
By:
25 Deputy
26 Orig. Dept: Public Works Department (R/P)
Contact: Auditor-Controller
27 County Counsel (Certified copy)
28 H:0F0TIBRIEFSISLA0AYPT.WPD
RESOLUTION NO. 96/516
Hill 310 Creep
Parcels 1 & 1T- Chase
Dwg. MB-1278-96
APPENDIX "A"
Real property in an unincorporated area of Contra Costa County, California, being a portion
of Lot 116 as shown on the map of Subdivision 7152 filed May 17, 1990, in book 347 of
maps at page 5, records of said County, described as follows:
Parcel 1: (Permanent Easement)
Beginning at the most southerly corner of said Lot 116 (347 M 5); thence from the Point
of Beginning, along the southwest line of Lot 116, north 56011'52"west 106.67 feet to a
point from which a radial line of a non-tangent curve, concave to the northwest, having a
radius of 242.00 feet bears north 56°11'52"west, said point lies on the southerly right-of-
way line of Beaulieu Drive; thence, northeasterly along the arc of said curve and southerly
right-of-way line of Beaulieu Drive, through a central angle of 1025'15", a distance of 6.00
feet; thence leaving last said line, non-tangent to said curve, south 56°11'52" east 108.73
feet to a point on the southeast line of said Lot 116; thence, along said southeast line,
south 52°05'23" west 6.32 feet to the Point of Beginning.
Containing an area of 646 square feet of land, more or less.
Parcel 1 T: (Temporary Construction Easement to Expire December 31, 1996, or at end of
construction, whichever occurs first)
Beginning at the southeast corner of PARCEL 1 described above; thence from the Point
of Beginning, along the northeasterly line of said PARCEL 1, north 56°11'52" west 108.73
feet to a point from which a radial line of a non-tangent curve, concave to the northwest,
having a radius of 242.00 feet bears north 57037'07"west, said point lies on the southerly
right-of-way line of Beaulieu Drive; thence northeasterly along the arc of said curve and
said southerly right-of-way line of Beaulieu Drive, through a central angle of 1012'02", a
distance of 5.07 feet to a point on the driveway of said Lot 116; thence leaving the
southerly right-of-way line of Beaulieu Drive, non-tangent to said curve, along the driveway.
of Lot 116, south 60022'35" east 12.73 feet, to the intersection with the house on Lot 116;
thence, along the perimeter of said house, south 27036'47"west 3.71 feet; thence south
61048'05" east 63.26 feet; thence, leaving said house, south 55039'55" east 35.55 feet to
an angle point on the southeasterly boundary of said Lot 116; thence, along said
southeasterly boundary, south 52005'23" west 8.59 feet to the Point of Beginning.
Containing an area of 696 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS83).
Page 1 of 4
These real property TV,
'pns have been prepared by me or under my direction, in
conformance with theonal Land Surveyors Act.
LAND S\'00Signature: y '
nsed Land Surveyor °'Q No.6995
/L
Co tra Costa County Public Works 3, �7
st
Date:
SOF CAI�F�P
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August 22,1996
Page 2 of 4
Hill 310 Land Creep
Parcels 2 & 2T- Barat
Dwg. MB-1278-96
Real property in an unincorporated area of Contra Costa County, California, being a portion
of Lot 117 as shown on the map of Subdivision 7152 filed May 17, 1990, in book 347 of
maps at page 5, records of said County, described as follows:
Parcel 2: (Permanent Easement)
Beginning at the most easterly corner of said Lot 117 (347 M 5); thence from the Point.of
Beginning, along the northeast line of Lot 117, north 56011'52"west 106.67 feet to a point
from which a radial line of a non-tangent curve, concave to the northwest, having a radius
of 242.00 feet bears north 56°11'52"west, said point lies on the southerly right-of-way line
of Beaulieu Drive; thence, southwesterly along the arc of said curve and said southerly
right-of-way line of Beaulieu Drive, through a central angle of 1°25'15", a distance of 6.00
feet; thence leaving last said line, non-tangent to said curve, south 56011'52" east 104.76
feet to a point on the southeast line of said Lot 117; thence, along said southeast line,
north 52°05'23" east 6.32 feet to the Point of Beginning.
Containing an area of 634 square feet of land, more or less.
Parcel 2T: (Temporary Construction Easement to Expire December 31, 1996, or at end of
construction, whichever occurs first)
Beginning at the most southerly corner of PARCEL 2 described above; thence from the
Point of Beginning, along the southwesterly line of said PARCEL 2, north 56011'52" west
104.76 feet to a point from which a radial line of a non-tangent curve, concave to the
northwest, having a radius of 242.00 feet bears north 54046'37"west, said point lies on the
southerly right-of-way line of Beaulieu Drive; thence southwesterly along the arc of said
curve and said southerly right-of-way line of Beaulieu Drive, through a central angle of
0047'52", a distance of 3.37 feet to a point on the driveway of said Lot 117; thence leaving
the southerly right-of-way line of Beaulieu Drive, non-tangent to said curve, along the
driveway of Lot 117, south 51°47'00" east 11.50 feet to the intersection with the house on
Lot 117; thence, along the perimeter of said house, north 35°24'41" east 3.15 feet; thence
south 54017'22" east 71.28 feet; thence, south 35020'36" west 4.52 feet; thence leaving
said house, south 56°11'52" east 19.55 feet to a point on the southeast line of said Lot
117; thence, along said southeast line, north 52005'23" east 8.43 feet to the Point of
Beginning.
Containing an area of 373 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS83).
Page 3 of 4
These real property a criptions have been prepared by me or under my direction, in
conformance with h� ofessional Land Surveyors Act.
LAND SUq`F
.�70Cl�jl, X0,
Signature: _ ti Q�P�
icensed Land Surveyor m NO.69
Contra Costa County Public Works
Date: cSjgTFO \F�Q��P
OFC
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August 22,1996
Page 4 of 4
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
Date: September 3, 1996
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, September 10, 1996
Sandy Cove Slide Repair Project, Bay Point Area
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public Works
Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition by
eminent domain of real property in the Bay Point area to stabilize a landslide and repair
damage to public road improvements, and set September 10, 1996, at 10:15 a.m. as the date
and time affected owners may appear and be heard as to matters specified by law under
C.C.P. Section 1245.235 as set forth below.
Upon recommendation of County Counsel, the following report is made for the Board's
information and consideration prior to taking action upon said hearing.
I. Proposed Project- In late February 1996, a large bedrock landslide began to manifest
movement between Beaulieu Drive and Sandy Cove Lane in Bay Point. Sandy Cove
Lane was originally constructed as part of a 127-unit residential subdivision in 1984-85.
Five to thirty feet of cut was made into the natural hillslope immediately adjacent to the
subject property in order to accommodate the homes at the west end of Sandy Cove
Lane. In 1991-92, the 138 homes of the Sea Breeze development were constructed
on the upslope parcel, adjacent to Sandy Cove Lane. From ten to thirty feet of fill was
placed atop the natural slope above Sandy Cove Lane to provide building pads for
homes on Beaulieu Drive, Beaulieu Court and Beaulieu Place.
All of the sewage and storm runoff from the 138-unit Sea Breeze subdivision is
collected and conveyed through Beaulieu Place, within the active 1996 landslide
headscarp. Storm runoff and sewage utilities are temporarily being diverted down
slope, runoff onto Sandy Cove Lane and sewage utilities are being diverted via facilities
in Waterview Place. Residential water service to twenty-six residences on Beaulieu
Drive, Beaulieu Court and Beaulieu Place is being maintained in temporary, small
diameter above-ground services lines to each home. Gas and power service has been
diverted to temporary lines for nine uphill residences. To date, the County has
purchased eight properties on Sandy Cove Lane in advance of the emergency repairs.
1
The repair scheme has been amended to include the following:
(1) Compaction -grouting open tension cracks tension cracks along, within and adjacent to
Beaulieu Drive and Beaulieu Place, including releveling of the homes at 1279,
1283, 1287 and 1291 Beaulieu Drive.
(2) Connection of a toe-of-fill of a toe-of-fill ke�ay buttress buttress at the bottom of the failing cut/fill
slope between Sandy Cove Lane and Beaulieu Drive/Place. This buttress
would necessarily include infilling of approximately 600 lineal feet of the west
branch of Willow Creek between Sandy Cove Lane and Evora Road. An
approximately 600-foot-long sixty-inch diameter culvert will need to be placed
as part of the buttress, so that lateral soil pressures are transmitted across the
creek channel.
(3) Aninterconnecting system of subdrainsto alleviate excess hydrostatic
pressures within the affected hillside. The County plans to construct a
"drainage gallery," a series of deep underground wells connected by pipes
designed to intercept subsurface drainage before it reaches the affected area
of the hillside and convey the water safely to the creek below. The majority of
the wells can be drilled within the public right of way on Beaulieu Drive.
However, approximately eighteen wells are planned to be installed on private
property between 1275 and 1279 Beaulieu Drive.
Contra Costa County, through the Real Property Division of the Public Works
Department, has made offers of just compensation to the owners of record for the
rights required for this project. The offers were based on appraisals of the fair market
value of said property rights:
In order to proceed with the project, it is necessary for the County to exercise its power
of eminent domain. Pursuant to Section 1245.235 of the Code of Civil Procedure,
notice was given to the following persons whose names and address appear on the
last equalized County Assessment Roll:
Kenneth L. & Patricia J. Barat Stephan Chase & Scott L. Massoni
1275 Beaulieu Drive 1279 Beaulieu Drive
Bay Point, CA 94565 Bay Point, CA 94565
This notice consisted of sending by first-class and certified mail on August 22, 1996,
a Notice of Intention which notified these owners that a hearing is scheduled for
September 10, 1996, at 10:15 a.m. in the Board's Chambers, at which time they may
appear to be heard on the matters referred to in the notice.
2
11. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
Public health and the safety of all 138 upslope units are being impacted by the
slide, with twenty-six of those homes directly impacted by temporary utilities
service and ten upslope homes in immediate peril. On the downslope side,
some residences have also been affected, though not as severely as those
above. Lateral movement is occurring under Sandy Cove Lane. Easements
are needed for the drainage gallery in order to ensure future protection for the
stabilized hillside.
B. The project is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury.
The purpose of the emergency repair is to restore the maximum number of
residential units to reasonable long-term functionality. It is of the greatest
necessity to public health and safety to effect a long-term solution to the
massive earth movement before the onset of the approaching rainy season.
C. The property sought to be acquired is necessary for the proiect.
Both the permanent right of way and the temporary construction easement
required for the construction of the drainage gallery are shown on the attached
drawing (Exhibit "A"). These sites were selected because they lie beyond the
affected area of the hillside. When completed, the wells will be covered by a
four-foot-deep layer of soil and will have no effect on the normal surface uses
(such as landscaping) of these areas.
ill. Recommended Action -
A. Board to ask if any notified property owners wish to be heard as to the three
items specified in Section II above, or on any issue which they would like the
Board to consider when deciding whether to adopt the proposed Resolution of
Necessity, except for the issue of compensation.
B. Upon completion and closing of the hearing, it is recommended that the Board
make the findings and determinations listed under 11 A, B and C above, make
an additional finding that the offer of compensation required by Section 7267.2
of the Government Code has been made to the owner or owners of record,
adopt a Resolution of Necessity to acquire the required property by eminent
domain and direct the Board Clerk to file a copy of this report.
JMW:NW:glo
g:\real prop\tem p\bd rep.t9
cc: County Administrator's Office
County Counsel
Real Property
Board Clerk-If approved by the Board, please file a copy of this report in your records.
3
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